The State Of Tamil Nadu vs The Correspondent
2025 Latest Caselaw 4423 Mad

Madras High Court

The State Of Tamil Nadu vs The Correspondent on 26 March, 2025

Bench: J.Nisha Banu, S.Srimathy

                                                                                          WA(MD). No.723 of 2025


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  Date : 26/03/2025

                                                         CORAM

                                  THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
                                                 AND
                                   THE HONOURABLE Mrs. JUSTICE S.SRIMATHY

                                             WA(MD). No.723 of 2025
                                          and CMP(MD) No.5003 of 2025


                     1. The State of Tamil Nadu,
                     Represented by its Secretary
                     Department of School Education
                     Fort St. George,Chennai 600 009.

                     2. The Director of School Education,
                     College Road,
                     Chennai 600 009.

                     3. The Chief Educational Office,
                     Dindigul 624 001,Dindigul District

                     4. The District Educational Officer
                     Dindigul 624 001
                     Dindigul District                                                    ... Appellants

                                                              Vs

                     The Correspondent
                     St. Mary's Higher Secondary School
                     Dindigul 624 001
                     Dindigul District                                                 ... Respondent



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                                                                                             WA(MD). No.723 of 2025




                     PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against
                     the order of this Court dated 02.01.2024 in WP(MD). No. 31285/2023.


                                        For Appellants   : Mr.J.Ashok
                                                   Additional Government Pleader
                                        For Respondents : Mr.K.Ragatheesh Kumar for
                                                         M/s.Isaac Chambers

                                                            JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU, J.)

The writ appeal is directed against the order of the writ Court dated

02.01.2024 in WP(MD) No.31285/2023, wherein, it has been held that a

pass in Teacher's Eligibility Test cannot be insisted upon for teachers in

minority institutions.

2. The learned Additional Government Pleader would submit that

the approval of appointment of the Teacher in the respondent school

could not be granted on the ground that the Teacher does not possess a

pass in the Teacher's Eligibility Test (TET). On this ground, he seeks for

setting aside the order of the learned Single Judge passed in the writ

petition.

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3. This Court in exercise of its power under Article 226 of the

Constitution of India has been consistently holding that a pass in the

Teacher's Eligibility Test is not a mandatory pre-requirement for

appointment of a Teacher in a minority school and that the educational

authorities have no authority to reject a proposal for approval of such

appointment made. The orders of the Division Benches of this Court in

W.A.No.179 of 2024, dated 22.01.2024 [The Government of Tamil

Nadu, Rep. by its Additional Chief Secretary, Department of School

Education and others vs. T.Selvarani and another] and in W.A.

(MD)No.670 of 2024, dated 12.04.2024 [The District Educational

Officer, Sivagangai and another vs. Y.Joseph Mercy Rani and

another], are two such orders, wherein, this ratio has been upheld.

4. Since the law has been well laid down as aforesaid, we see no

justification on the part of the authorities in having rejected the proposal

of the minority schools seeking for approval of the appointments made.

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5. In view of the same, no interference is warranted to the

impugned order passed in the writ petition and the writ appeal stands

dismissed. No costs. Consequently, connected Miscellaneous Petition is

closed.

                                                            [J.N.B.,J]                        [S.S.Y.,J]
                                                                               26.03.2025
                     NCC : Yes/No
                     Index : Yes/No

                     RR


                     TO
                     1. The Secretary
                     Department of School Education
                     Fort St. George,Chennai 600 009.

2. The Director of School Education, College Road,Chennai 600 009.

3. The Chief Educational Office, Dindigul 624 001, Dindigul District

4. The District Educational Officer Dindigul 624 001 Dindigul District

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J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER IN

Date : 26/03/2025

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